What are the requirements ?
SB 312 requires companies selling beauty or personal care products to report the presence of hazardous ingredients.
Companies are required to report products to California Safe Cosmetics Reporting Portal (CSCP) if they sell cosmetic and personal care products in California that contain fragrance and/or flavor ingredients included on one or more of the 22 designated lists in Health and Safety Code Section 111792.6.
Some of these lists are maintained by foreign jurisdictions (e.g., Canada and the European Union).
Within the 22 designated lists, there are for example:
- Chemicals classified by the European Union as carcinogens, mutagens, or reproductive toxicants pursuant to Category 1A or 1B in Annex VI to Regulation (EC) 1272/2008.
- Group 1, 2A, or 2B carcinogens identified by the International Agency for Research on Cancer.
- Persistent bioaccumulative and toxic priority chemicals that are identified by the federal Environmental Protection Agency National Waste Minimization Program.
- The Washington Department of Ecology’s Persistent, Bioaccumulative, Toxic (PBT) Chemicals identified in Chapter 173-333 of Title 173 of the Washington Administrative Code.
In addition to report the ingredients from the 22 designated lists, companies also have to report fragrance allergens. The subset of CFFIRKA reportable ingredients called “fragrance allergens” have a distinct reporting requirement. Fragrance allergens only need to be reported if they are present in a rinse-off cosmetic product at a concentration at or above 0.01 percent (100 parts per million) or in a leave-on cosmetic product at a concentration at or above 0.001 percent (10 parts per million). Fragrance allergen ingredients will be clearly distinguished in the CSCP Reportable Ingredients List. All other ingredients appearing on the Reportable Ingredients List must be reported regardless of concentration in the product.
This is important to note that the law does not require companies to report any of the following: ingredients not included in the designated lists, the weight or amount of an ingredient, or how a product is formulated (i.e. the recipe).
What about Sozio ?
Our regulatory team has updated the Sozio database accordingly in order to identify all the ingredients from the 22 designated lists. On request, we provide our valuable customers with a report identifying these ingredients, each one along with its name, CAS number, percentage, and the list where it comes from.
What about the current federal law on cosmetics in USA ?
The recent activity in California may preview future federal developments. In the absence of federal regulation, it is not uncommon for states to begin applying individualized requirements. Currently, the FDA applies relatively limited standards to cosmetics. The FDA may soon face increased pressure to regulate cosmetics due to growing public concern, whether scientifically justified or arising from uncontrolled social media pressure, regarding ingredients in personal care products.
If you need any further information about the Cosmetic Fragrance and Flavor Ingredient Right to Know Act of 2020, please reach out to us via email: firstname.lastname@example.org or through your designated Sales Representative.